With Fortune 500 experience as both a licensee and licensor, Ms. Harper knows a thing or two about licensing. This real world experience combined with years of experience providing licensing expert testimony can make all the difference to your case.
Licensing is a marketing practice in which a trademark owner allows another entity to license their mark in exchange for royalties. As a trademark owner, expert witness Ms. Harper has put together programs monitor the licensee’s actions related to the trademark, ensuring that the products provided by the licensee meet appropriate quality standards. If these measures aren't taken, the agreement may become a "naked license." Moreover, she may have lost the rights to the trademark if the licensee’s products failed to meet quality standards.
Licensing controls are required because consumers rely on trademarks to determine the source of a product. They rely on them in making purchases, since they trust a company that places a certain mark on its products to meet the standards associated with the mark. Failing to monitor the use of a trademark results in the loss of the trademark’s value in the marketplace. It no longer means anything about the products with which it is associated. This is sometimes known as the “abandonment” of a trademark.
Ms. Harper has opined in licensing cases involving:
Retained by 100+ law firms since 2005, Ms. Harper is courtroom proven. She has been engaged to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and serve in 20+ trials. She has provided services to both Plaintiffs (60%) and Defendants (40%) across trademark and trade dress, packaging, merchandising, defamation, licensing, breach of contract, advertising, and commercial reasonableness. She has provided services in virtually every Circuit as well as JAMS and TTAB.
Ms. Harper's 30+ year career includes serving as a Fortune 100 Chief Marketing Officer. Having authored two books, she is a former Adjunct MBA Marketing Professor.
Ms. Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.